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(a) The Director shall take action to have the costs of abating the public nuisance assessed against the property upon which said building or other structure is situated. Such costs shall include;, (i) the cost of performing the required construction in accordance with the provisions of Section 917; (ii) an amount equal to 15 percent of such cost to cover the cost to the City for administration and supervision of the work required; and (iii) any costs incurred by any other City department, including the City Attorney's Office, in furtherance of the work done or related to any action, administrative proceeding, or special proceeding to abate the public nuisance.
(b) In any action, administrative proceeding, or special proceeding to abate the public nuisance, the prevailing party may seek recovery of attorneys' fees; provided, however, that the recovery of such fees is available only if the City, at the initiation of the individual action or proceeding, elects to seek recovery of its own attorneys' fees. In no action, administrative proceeding or special proceeding shall an award of attorneys' fees to the prevailing party exceed the amount of reasonable attorneys' fees incurred by the City in the action or proceeding.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
The Department shall keep an account of the cost of all work done or caused to be done by the Department or by contract to which shall have been added the 15 percent administrative and supervisory cost and any costs incurred by any other City department and shall render an itemized report in writing to the Board of Supervisors showing such cost.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) At the time fixed for receiving and considering said report, the Board of Supervisors shall hear the same, together with any objections which may be raised by any property owner liable to be assessed for the cost described in said report, and thereupon may make such modifications in the report as the Board deems necessary, after which by motion or resolution said report shall be confirmed. The costs assessed for abating a public nuisance at the property, as confirmed by the Board of Supervisors, shall constitute a special assessment against the property and shall constitute a lien on said property for the amount of said assessment. After confirmation of said report, a copy thereof shall be transmitted to the Assessor and to the Tax Collector of the City and County, whereupon it shall be the duty of said officers to add the amount of said assessment to the next regular bill for taxes levied against said property for municipal purposes, and thereafter said amount shall be collected at the same time and in the same manner as ordinary City and County taxes are collected, and shall be subject to the same penalties and the same procedure under foreclosure and sale in case of delinquency as provided for ordinary taxes of the City and County of San Francisco.
(b) Notwithstanding any provision contained in this Article making the costs assessed for abating a public nuisance at the property a special assessment against the property upon which the same exists, said cost, as confirmed by the Board of Supervisors and to the extent that the same has not been paid to the City, shall be a personal obligation of the property owner and his heirs, successors and assigns, and said owner and his heirs, successors and assigns shall be liable to the City and County of San Francisco for the payment thereof.
(c) If any property to which the cost of the abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attached thereon, prior to the date on which the first installment of taxes would become delinquent, then the cost of the abatement shall not result in a lien against the property, but shall instead by transferred to the unsecured roll for collection.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) Whenever the Director, pursuant to authority conferred by this Article, shall abate a public nuisance on a property by causing the required construction in accordance with the provisions of Section 917 to be performed by the Department or pursuant to contract, or take any other action to enforce the requirements of this Article, the cost thereof shall be paid from the "Underground Public Nuisance Abatement Fund" and assessed against the property upon which the particular building or other structure is located.
(b) The assessment charged under Section 928 may be paid either in one lump sum payment or in 10 installments, which would be comprised of biannual payments during the five-year period. If the property owner chooses to pay the assessments in installments, a six percent interest charge shall be added annually.
(Added by Ord. 139-72, App. 5/26/72; amended by Ord. 305-97, App. 7/28/97; Ord. 140-07, File No. 070621, App. 6/22/2007)
(a) A special revolving fund, to be known as the "Underground Public Nuisance Abatement Fund," is hereby created for the purpose of defraying the costs and expenses which may be incurred by the Director to abate a public nuisance at a property or to enforce any of the other requirements of this Article. The Underground Public Nuisance Abatement Fund is a Category 8 fund under Section 10.100-1 of the San Francisco Administrative Code.
(b) The Board of Supervisors may by transfer or appropriation, establish or increase the special revolving fund with such sums as it may deem necessary in order to expedite the abatement of a public nuisance at a property or the enforcement of any of the other requirements of this Article. The special revolving fund shall be replenished with all funds collected under the proceedings herein provided for, either upon voluntary payments or as the result of sale of the property after delinquency, or otherwise. Balances remaining in the Underground Public Nuisance Abatement Fund at the close of any fiscal year shall be carried forward in such fund.
(Added by Ord. 139-72, App. 5/26/72; Ord. 140-07, File No. 070621, App. 6/22/2007)
When the building or structure has been found to comply with requirements of the Director, the Director shall issue and record in the offices of the Recorder, City and County of San Francisco, an order rescinding his original order.
(Added by Ord. 139-72, App. 5/26/72)
Any owner or operator who, after the time specified by ordinance for each designated underground district shall neglect to take down and remove the overhead utility facilities, shall be guilty of a misdemeanor, and upon conviction, shall be fined not less than $50 or more than $200 for every day any part of such overhead utility facilities are left standing.
(Added by Ord. 139-72, App. 5/26/72)
In cases requiring the temporary use of poles and overhead wires for the purpose of reporting conventions, meetings or other public gatherings, or in cases of emergency, permits may be granted by the Director for the erection of such facilities for a period not exceeding 60 days in each case, conditioned upon erection and maintenance in conformity with the Rules and Regulations of the Department. The Director, at his discretion, may grant extensions beyond 60 days if the emergency or special conditions still exist.
(Added by Ord. 139-72, App. 5/26/72)
After the expiration of a temporary permit issued pursuant to Section 933 and the emergency or special condition no longer exists, the person, firm, partnership, corporation or public utility shall remove all poles and overhead wires from the underground district in which such temporary use was permitted. Failure to comply with the provisions of this Section shall result in the same penalties as are specified in Section 932 of this Article.
(Added by Ord. 139-72, App. 5/26/72)
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